Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers v Kisii University Council [2021] KEELRC 488 (KLR)
The bottom line
#Kisii University was found in contempt for carrying out redundancies a court had ordered stopped, and its Vice Chancellor personally faces citation.
What this practically means
#Executive summary
#Key legal issues
#Contempt of court orders staying redundancy
The Respondent is in contempt for proceeding with redundancies stayed by the court's order of 28/10/2020
The court found that the orders of J. Mbaru of 28/10/2020 stayed the redundancy letters dated 1/10/2020, which concerned the claimant's union members. The Respondent's argument that only the 30/9/2020 notice to the union was substantive, and that the injunction did not cover the redundancy process, was rejected as farfetched. Proceeding with the redundancies amounted to direct and blatant contempt, warranting citation of the Vice Chancellor as head of the institution.
Transfer of the claim to Kisumu ELRC
The claim shall be transferred to Kisumu ELRC after the contempt application is concluded, the transfer application being unopposed
The Respondent sought transfer to Kisumu where two related matters (ELRC Petition No. 2 of 2020 and Cause No. 9 of 2020) were pending, raising similar issues. The Claimant filed no response. The court noted the current cause concerns redundancy rather than normal termination, but found transfer appropriate for good order and jurisdictional purposes — only after the contempt application, which must be concluded by this court, is determined.
Legal principles established
#- Where an order stays a redundancy process, an argument that an earlier general notice was not covered by the injunction is untenable where the individual notices concern the same affected employees
- Disobedience of a stay on redundancy effected by the court constitutes contempt
Court orders
#- 1.The contempt application by the Claimant dated 6th May 2021 is allowed
- 2.Only the Vice Chancellor of Kisii University is to be cited for contempt as head of Kisii University
- 3.The contempt application will be concluded by this court, and thereafter the claim is to be transferred to Kisumu ELRC, the transfer application having remained unopposed
- 4.Costs in the cause
- Jurisdiction invoked
- Article 162 of the Constitution; Rule 17(1) and 38 of the Employment and Labour Relations Court Rules 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers v Kisii University Council [2021] KEELRC 488 (KLR)", Case Analysis (2021). ELRC Cause (Kisii) — Application dated 13.11.2020 (Respondent) and Contempt Application dated 6th May 2021 (Claimant). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/488/eng@2021-11-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.